Feargal Quinn (Independent) | Oireachtas source

I move amendment No. 37:

In page 26, line 6, to delete "may" and substitute "shall".

Amendment No. 37 speaks for itself. On amendment No. 38, I believe we should strictly limit access to a person's property to the Garda Síochána and should not be opening it up to many other State officials. Also, when presenting a warrant an inspector should be accompanied by a member of the Garda Síochána.

The Criminal Law Act 1996 provides for entry and search of any premises, including dwellings, by An Garda Síochána to make an arrest in certain circumstances, namely, to enter a premises on a specific criminal matter. The Bill as drafted provides that an inspector is potentially allowed to enter a premises, which does not appear to fit. If the legislation is enacted as drafted it may erode the power of the Garda Síochána, as it provides other actors with more power to enter property. I do not believe we should be adding to the list of people who can enter a premises. Article 40.5 of the Constitution states: "The dwelling of every citizen is inviolable and shall not be forcibly entered save in accordance with law." If the amendment is accepted, then an inspector who has a warrant from the District Court to enter a premises will have to do so with a member of the Garda Síochána. I believe this provision would ensure greater protection for everybody. It may give more assurance to business owners that entry of their premises is in full compliance with the law, as opposed to a situation in which an inspector, who has a somewhat uncertain legal status compared with a member of the Garda Síochána, may enter the premises. I believe acceptance of these amendments will ensure the legislation will be more compatible with the Constitution than is currently the case.